1996 SUMMARY OF LEGISLATION

HUMAN SERVICES

AGRICULTURE LEGISLATION

SENATE FILE 454 - Assisted Living Program (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act establishes a program of certification and monitoring of assisted living programs through the Department of Elder Affairs. The Act defines "assisted living" as the provision of housing with certain services to six or more tenants in a homelike environment.
The Act requires assisted living programs operating in the state to be certified by the department or to be voluntarily accredited, directs the department to adopt rules for the program, directs the State Fire Marshal to adopt rules relating to fire and safety for assisted living programs in coordination with the department, provides for coordination of the existing long-term care system with the assisted living program level of care, and exempts assisted living programs from certificate of need requirements.
The Act specifically provides that a program voluntarily accredited is not required to also be certified by the department and directs the department to accept voluntary accreditation in lieu of certification by the department. The Act also directs the Department of Human Services to take necessary actions to allow a certified or voluntarily accredited assisted living program to be a provider of personal care services under the Medical Assistance (Medicaid) home and community-based services waiver for the elderly.
Implementation of the Act is contingent upon establishment of a funding source for implementation and administration.

SENATE FILE 2101 - Burial Trust Funds (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the disbursement of funds remaining in a nonguaranteed irrevocable burial trust fund. Under prior law, following final payment of any funeral merchandise and funeral services required under a funeral merchandise and funeral services agreement, if the estate of the deceased was not subject to probate, and if the deceased was a recipient of Medical Assistance (Medicaid), the Department of Human Services was entitled to any remaining funds for payment of any Medical Assistance debt due the department. Due to the confidential nature of Medical Assistance records, however, the department was unable to notify a seller of funeral merchandise and services of the existence of the debt. The Act provides a procedure for a seller of funeral merchandise and services to notify the Director of Human Services of any funds remaining in a burial trust fund and also provides alternatives for the disbursement of the remaining funds to either a personal representative or the next of kin of the deceased.

SENATE FILE 2213 - Prevention of Disabilities (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act extends the repeal of the Prevention of Disabilities Policy Council chapter of the Code, Chapter 225B, from June 30, 1996, to June 30, 2000.
The Act takes effect April 8, 1996.

SENATE FILE 2294 - Multidisciplinary Community Services Teams (full text of bill)

BY HALVORSON. This Act creates multidisciplinary community services teams in the county home rule chapter of the Iowa Code, Chapter 331. The members of a team are expressly authorized to disclose confidential information to one another concerning an individual or a family.
A team may be established by agencies on a county or multicounty basis for purposes of effective planning and delivery of services to an individual or family. The agencies must establish an agreement for the sharing of information and an individual must authorize the sharing of the information concerning the individual or the individual's family.
The Act prohibits a multidisciplinary community services team from duplicating the activities of a multidisciplinary team for child abuse, dependent abuse, area education agency activities, or child victim services.
The Act provides for a serious misdemeanor penalty with monetary fines for willful use or disclosure in violation of the provisions of the Act.

SENATE FILE 2303 - Medical Assistance (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes several changes related to the Medical Assistance (Medicaid) Program.
The Act requires any personal representative or the executor of an estate of a Medical Assistance recipient, whose estate is subject to recovery under the Medical Assistance Program, to make distribution of the estate to the Department of Human Services prior to distributions to others who have lower priority claims to assets under the classification of the debts and charges section of the Code. A personal representative or executor who does not comply with the requirements may be held personally liable for the amount of Medical Assistance owed.
The Act also conforms references in the Code to current federal citations relating to nursing facility fines higher than those required under prior state law. The Act conforms the Code to federal requirements relating to transfers of assets under the Medical Assistance Program.

SENATE FILE 2321 - Access to List of Interpreters -- Deaf and Hard of Hearing (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides that a list of qualified and available interpreters for the deaf maintained by the Deaf Services Division of the Department of Human Rights will be considered nonconfidential information available to individuals and agencies seeking deaf interpreter services. This information has previously been regarded as confidential except when provided to a court, administrative agency, or interested parties to an action using the services of an interpreter.

SENATE FILE 2323 - Pharmacy Technician and Pharmacist-Intern Registration (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides for the designation of individuals, who are employed by and assist with the technical functions of a pharmacy practice, as pharmacy technicians. Procedures and standards for pharmacy technician registration with, and payment of fees to, the State Board of Pharmacy Examiners, as well as provisions for denial, suspension and revocation of registration, are established. Registration does not determine the competency of a pharmacy technician, and the licensed pharmacist is regarded as ultimately responsible for the actions of a pharmacy technician under the pharmacist's supervision. Continuing education is not required for registration renewal. Pharmacists may, in their supervisory capacity, delegate technical dispensing functions to pharmacy technicians provided the pharmacist is physically present to verify prescription accuracy and completeness.

SENATE FILE 2324 - Miscellaneous Public Assistance Provisions and Related Matters (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to public assistance and certain associated state tax provisions involving the Family Investment Program, Family Development and Self-Sufficiency Council, individual development accounts, and fraudulent practices involving the Food Stamp Program.
The Act directs the Department of Human Services to submit a waiver request to the federal government to implement a policy change in the Family Investment Program (FIP) and the Job Opportunities and Basic Skills (JOBS) Program. Under the federal waiver to be changed, the majority of FIP recipients and JOBS Program participants must enter into a family investment agreement which would end when cash assistance is no longer provided under FIP. If approved, the waiver would reinstate a participant's family investment agreement following a time period when the participant does not receive cash assistance. The waiver provisions would only apply if the lapse in cash assistance benefits is one month or less and the participant does not become exempt from JOBS Program participation at the time of reapplication for cash assistance. The Act includes provisions for rules adoption and contingencies for federal enactments. The provisions requiring the waiver take effect April 16, 1996.
In another FIP-related provision, the Act directs the department to take actions to determine the immunization status of children in FIP. If a child does not meet immunization standards, the department is directed to make a referral to a local public health agency for immunization services.
A provision in the Act adds two members to the Family Development and Self-Sufficiency Council to represent the business community. The additional members would be selected by the other members of the council. The council reviews research concerning long-term dependency upon public assistance and foster care and awards grants for family development services to families at risk of such dependency.
The Act amends various tax and program provisions associated with the Individual Development Account (IDA) project enacted in the 1993 Legislative Session as part of welfare reform. The IDA project permits low-income persons to maintain individual state tax-exempt accounts under sponsorship of a nonprofit organization.
The Act eliminates provisions for additions to taxable income which reflect withdrawals from an IDA. The Act amends state inheritance tax provisions to remove the $10,000 restriction on the amount of an IDA that passes to another IDA, which is exempt from inheritance tax.
The Act includes numerous amendments to the statutory provisions for IDAs, including the following: eliminating a requirement for an IDA to be held as a trust account; eliminating monetary penalties for unauthorized withdrawals from an IDA; permitting authorized withdrawals for improvements to a primary residence or for certain emergency medical costs; eliminating provisions requiring withdrawals from an IDA to be charged proportionally to the source of principal; eliminating provisions authorizing limited withdrawals by minor account holders subject to certain approval; eliminating provisions permitting adult account holders who are less than 59.5 years of age to make unauthorized withdrawals, subject to monetary penalties; eliminating a prohibition against transfer of moneys deposited in an IDA by an individual or charitable contributor; providing for closing of an IDA under certain circumstances; and expanding the provision directing the department to disregard moneys in an IDA for public assistance program eligibility to also apply to benefit amounts and any program administered by the department.
The statutory provisions relating to a state savings refund on amounts deposited by an account holder in an IDA are amended to reduce the number of gradations in the income levels used to determine the amount of the refund. The upper range of income eligible for a state savings refund remains unchanged at a household income of 200 percent of the federal poverty level. In addition, the Act eliminates the provision that makes the earnings of an IDA subject to state tax when withdrawn.
The Act eliminates a requirement that the 10,000 authorized accounts be distributed in a manner to reflect the distribution of the state's general population with an income up to 200 percent of the federal poverty level and revises the initial restriction on the number of accounts to apply to any one calendar year.
The Act amends statutory provisions relating to fraudulent practices under food programs administered by the Department of Human Services. The amendments expand the category of fraudulent practices to include those committed involving an electronic benefit card or any other food stamp benefit transfer instrument.
The Act amends, effective July 1, 1997, provisions applicable to child support orders for minor parents. If the Child Support Recovery Unit of the Department of Human Services is providing services, child support orders shall require the minor parent to attend parenting classes. If not, the court may order the minor parent to do so.

SENATE FILE 2344 - Child Support Enforcement

BY COMMITTEE ON HUMAN RESOURCES. This Act includes a number of provisions relating to child support enforcement.
The Act provides that in administrative review and adjustment proceedings, whether or not a review of a child support order results in a determination that the order should be adjusted, a party may challenge the determination and request a court hearing within 30 days of the issuance of the notice of decision or within 10 days of the second notice of decision, and if a court hearing is requested, it will be granted, notwithstanding that the determination was that the order should not be adjusted.
The Act provides that if a child support order which is being enforced by the Child Support Recovery Unit (CSRU) of the Department of Human Services is suspended due to reconciliation of the parents, or due to other criteria established in Section 252B.20, the six-month period required before the suspension becomes final shall not include any time during which an application to reinstate the order is pending.
The Act also eliminates the requirement that blood types be tested in administrative paternity determinations in which paternity tests are ordered, and corrects a related internal reference.
The Act provides that if, during a dissolution of marriage proceeding, a father is determined not to be the father of a child of the marriage, a subsequent action to establish the previously established father as the father of the child is not precluded if it is subsequently determined that the statement of the father attesting to nonpaternity was submitted erroneously and that the father may be the biological father.
The Act allows the CSRU to send a notice of the order for income withholding, and not a copy of the order itself, to a payor of income by regular mail.
The Act also provides changes affecting full faith and credit of child support orders in compliance with the federal requirements. The new language specifies which state law applies when orders from other states are enforced and precludes intervention by Iowa courts and administrative agencies in modifying orders established in other states under specific conditions.
The Act also provides that interest on periodic payments for child support or medical support is not to accrue until 30 days after the payment becomes due and owing.

SENATE FILE 2381 - Dependent Adult Abuse (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes several changes in the dependent adult abuse law.
In the area of dependent adult abuse services established and operated by the Department of Human Services, the Act provides that the services are to be available to dependent adults who are unable to protect their own interests or to perform the activities necessary to meet basic human needs, and deletes application of the services to dependent adults who are unable to obtain essential services. The Act also provides for the establishment of local or regional multidisciplinary teams. Multidisciplinary teams previously existed, but not at the local or regional levels. The Act directs these teams to assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to dependent adult abuse victims. The Act establishes a Dependent Adult Protective Advisory Council and directs the council to perform certain duties.
The Act makes several changes in the definitions used in the dependent adult abuse chapter, including the terms "dependent adult abuse," which is amended in the area of exploitation to include not having the informed consent of the dependent adult in dealing with the physical or financial resources of the dependent adult, "emergency shelter services," "family or household member," "immediate danger to health or safety," "legal holiday," "recklessly," "serious injury," and "support services."
The Act provides for the reporting of dependent adult abuse to law enforcement following a departmental assessment that reveals dependent adult abuse which might constitute a criminal offense, and for the initiation of appropriate court action.
The Act provides for the prevention of additional abuse through involvement of a peace officer at the scene of a case of dependent adult abuse which is criminal in nature; provides for provision of notice to the dependent adult of the dependent adult's rights; and provides for the provision of protective services with the consent of the dependent adult if a caretaker refuses to allow the services, or by obtaining court authorization to provide protective services to a dependent adult who is unable to provide consent, or by obtaining an emergency order for protective services for a dependent adult.
The Act also provides penalties ranging from a class "C" felony to a simple misdemeanor for various criminal charges of dependent adult abuse.

SENATE FILE 2438 - Mental and Physical Conditions -- Terminology Changes and Related Matters (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes numerous changes in terminology to various provisions pertaining to persons with certain mental and physical conditions. In addition, the Act directs the Code Editor to make similar changes.
The Act pertains primarily to terminology used to identify persons with mental illness, persons with mental retardation, and persons with disabilities. The Code Editor is prohibited from changing provisions involving handicapped parking and interstate compacts. A general definition of mental illness is amended to be consistent with other statutory definitions of mental illness.

RELATED LEGISLATION

SENATE FILE 13 - Notification Requirements and Decision-Making Assistance Program Regarding Pregnant Minors (Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE.)

This Act establishes a Prospective Minor Parents Decision-Making Assistance Program and includes requirements relating to the notification of a parent of a pregnant minor prior to the performance of an abortion on a pregnant minor. The Act specifies the components of the program, establishes an advisory committee for the program, specifies the procedure for notification of a parent and the alternative and exemptions to notification, establishes penalties for various violations of the Act, and provides effective dates for the various provisions of the Act. The Act was amended by H. F. 2050 (see Children & Youth) with regard to termination of parental rights of a pregnant minor and placement of a child for adoption.

SENATE FILE 73 - Licensure of Social Workers (Complete summary under STATE GOVERNMENT.)

This Act establishes a licensure requirement for social workers, provides for three levels of licensure, and creates a seven-member licensing board for social work examiners. The Act creates three categories of social worker for licensing purposes -- bachelor, master and independent level social worker.

SENATE FILE 2030 - Mental Health and Developmental Disability Funding and Related Provisions (Complete summary under LOCAL GOVERNMENT.)

This Act relates to state and county mental health and developmental disability funding provisions by amending provisions associated with the base year used for determining maximum county expenditures and state funding levels. The Act amends provisions initially enacted in 1995 Iowa Acts, Chapter 206, S. F. 69, and includes planning provisions for mental health and developmental disabilities services.

SENATE FILE 2207 - Juror and Witness Fees and Expenses (Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE.)

This Act relates to the reimbursement of jurors and witnesses for transportation and mileage expenses. The Act provides that a juror who is disabled may receive reimbursement for the costs of alternate transportation from the disabled juror's residence to the place of jury service or attendance.

SENATE FILE 2235 - Nursing Facilities -- Alternative Licensure and Inspections (Complete summary under HEALTH & SAFETY.)

This Act provides for adoption of rules, by the Department of Inspections and Appeals, regarding the licensure of nursing facilities.

SENATE FILE 2307 - Programs for Persons With Disabilities (Complete summary under CHILDREN & YOUTH.)

This Act relates to the Comprehensive Family Support Program for individuals with a disability and their families and provides for coordination of programs administered by the Department of Human Services and available to individuals with disabilities.

SENATE FILE 2399 - Child Protection System Provisions (Complete summary under CHILDREN & YOUTH.)

This Act relates to child protection system provisions involving child abuse assessment pilot projects administered by the Department of Human Services and other child protection provisions.

SENATE FILE 2410 - Illegal Drugs in Parents and Children (Complete summary under CHILDREN & YOUTH.)

This Act amends juvenile justice code provisions involving the presence of illegal drugs in a child or a parent and includes provisions involving "child in need of assistance" and "child abuse" definitions.

SENATE FILE 2430 - Rights of Victims of Delinquent Acts (Complete summary under CHILDREN & YOUTH.)

This Act requires the juvenile court to provide a victim of a delinquent act with notification of various rights and services connected with the delinquent act.

SENATE FILE 2442 - Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services (DHS) and to the Prevention of Disabilities Policy Council for FY 1997, and includes provisions relating to human services and health.

SENATE FILE 2470 - Miscellaneous Appropriations and Related Matters -- Economic Development Appropriations (Complete summary under APPROPRIATIONS.)

This Act relates to public levy, expenditure and regulatory matters by making standing, economic development and other appropriations, and includes provisions involving county mental health and substance abuse funding, funding of a Decision-Making Program for Parental Notification prior to adoption or abortion, nonreversion of an FY 1996 supplemental appropriation for child day care, and commitment of unexpended FY 1996 appropriations for use by the Department of Human Services for adolescent tracking and monitoring and for upgrading computer hardware.

HOUSE FILE 2050 - Adoption (Complete summary under CHILDREN & YOUTH.)

This Act includes provisions relating to adoption. The Act requires the Department of Human Services to adopt rules to establish that the overriding factor in the selection of an adoptive parent for placement of a child through the department is that the child be placed in a stable family environment as expeditiously as possible; amends provisions enacted in S.F. 13 (see Courts, Civil Law & Procedure, & Probate) to remove the required notification of a parent of a pregnant minor prior to the adoption of the minor's child; and replaces the notification requirement with a requirement that following the filing of a petition for the termination of parental rights of a pregnant minor or a minor who has given birth, a custodial parent or legal guardian or custodian of the pregnant minor or minor who has given birth is to be served with notice of the filing of the petition. The requirement may be waived by the court under certain circumstances.

HOUSE FILE 2061 - Health Care Peer Review Committees (Complete summary under STATE GOVERNMENT.)

This Act adds health care entities engaged in providing health care services, including group medical practices, to the list of recognized health care peer review committees established in Section 147.1. Consequently, pursuant to Section 147.135, health care service entities, including group medical practices, are accorded civil immunity for actions resulting from peer review committee activities.

HOUSE FILE 2107 - HIV-Related Tests (Complete summary under HEALTH & SAFETY.)

This Act provides an exception to human immunodeficiency virus-related (HIV-related) testing requirements, including preliminary and post-test counseling when the subject of the test is deceased, a significant exposure has occurred, and written consent to the test is provided by a person specified in order of priority in the Act.

HOUSE FILE 2114 - Miscellaneous Supplemental Appropriations (Complete summary under APPROPRIATIONS.)

This Act includes an FY 1996 supplemental appropriation from the General Fund of the State to the Department of Human Services for state child care assistance for low-income persons.

HOUSE FILE 2150 - Grandparent Visitation Rights (Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE.)

This Act provides for the granting of visitation to the grandparents of a child for whom a parent of the child unreasonably refuses to allow visitation or who unreasonably restricts visitation by the grandparent.

HOUSE FILE 2399 - Eligibility for County General Assistance (Complete summary under LOCAL GOVERNMENT.)

This Act amends Chapter 252 provisions relating to eligibility for county general assistance by requiring a person to be in the county, lawfully, as a condition of eligibility for the assistance.

HOUSE FILE 2400 - Anatomical Gifts -- Authority of Medical Examiner (Complete summary under HEALTH & SAFETY.)

This Act authorizes the medical examiner to release and permit the removal of a part from a body in the custody of the medical examiner for the purposes of the making of an anatomical gift if the decedent cannot be identified or if the next of kin of the decedent cannot be located and if several other conditions are met. The Act also provides for the release of information to an organ procurement organization or bank or storage organization as a part of a retrospective review of a patient as a potential donor.

HOUSE FILE 2427 - Mental Health, Mental Retardation, and Developmental Disability Services (Complete summary under LOCAL GOVERNMENT.)

This Act provides for the utilization of the county single entry point process in voluntary and involuntary placements of individuals for mental health or mental retardation care and treatment services and amends related Department of Human Services statutes involving billing and payment for the services.

HOUSE FILE 2486 - Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys to various state agencies for the federal fiscal year beginning October 1, 1996, and ending September 30, 1997, from the following federal block grants: Substance Abuse Prevention and Treatment, Community Mental Health Services, Maternal and Child Health Services, Preventive Health and Health Services, Drug Control and System Improvement, Stop Violence Against Women, Community Services, Community Development, Low-Income Home Energy Assistance, and Social Services.

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